Free Legal Advice

Dear Client,
In the given scenario, you may ask the mediator of the mediation cell to include the daughter's share in the final settlement agreement. You can also request the Court to clarify the settlement agreement and ensure that it adequately protects the daughter's needs and rights. If the settlement agreement doesn't adequately address the daughter's maintenance or other needs, you may file a separate case for the child's maintenance or other legal remedies. If the daughter is deprived of

Dear Client,
Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are 1. Parties have been living separately for a period of one year or more. 2. They have not been able to live together. 3. Mutually agreed that the marriage should be dissolved. Documents Required For Mutual Divorce include a copy of the marriage certificate, a copy of the address proof of both parties, a copy of the

Dear Client,
Any person having sufficient means is liable to support his wife post-divorce, provided that she is unable to maintain herself. This support is provided by way of a fixed amount, known as ‘maintenance or alimony’. This support is provided by way of a fixed amount determined by a judicial magistrate, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgme

Dear Client,
The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can

Dear Client,
When a matrimonial relationship between a married couple has completely broken down and become irretrievable, a decree of divorce is the unique and viable option to resolve the issue permanently. Both mental cruelties under Sec.. 13(1)(ia) of the Hindu Marriage Act, 1955, and desertion for a continuous period of two years under Sec.13(1)(ib) of the Act are valid grounds to seek divorce by either spouse. When there is no possibility and no scope of mutual divorce, you can file a one

Dear Client,

Since you’ve been separated for 4 years and your wife has custody of the kids you can file for conciliation/mediation at the District Legal Services Authority (DLSA). It's a peaceful, court-supervised process that may help restart communication.

Now at this juncture you are worried that if your mother transfers property to you, it may become a marital asset, and 50% could go to your wife in case of divorce. Let me clear about this under Hindu Marriage Act, there’s no automati

Dear Client,
The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can

Dear Client,
The Hindu Marriage Act, 1955, states that both parties should not have a living spouse at the time of the second marriage. The act specifies that neither party should be legally married, and both parties must end their previous marriage to remarry, failing which spouse shall face criminal prosecution for bigamy. It would be a crime if a married person stays in a live-in relationship with another person without ending their previous marriage. The Hon'ble Punjab and Haryana High Court

Dear Madam,
If you are so adamant that is not appearing before the Court and not ready to contest the Divorce petition filed by the husband then Court being a neutral forum just place you as ex-parte and if there are merits in the contents of Divorce Petition then it may allow the Divorce Decree in favour of your husband. Better appear through Advocate and file objections along with Counter Claim under Section 9 of Hindu Marriage Act seeking Restitution of Conjugal Rights.

Dear Client,

If your divorce case was transferred by the Supreme Court from Surat to Patna, and it's been 2 years but there is no record in the Patna court, Get the Certified Copy of the Supreme Court Transfer Order. Visit or contact the Surat court to verify if they ever transmitted the case file to Patna.Visit the Family Court in Patna personally or through your lawyer. Show them the SC order and ask them to search their inward register to see if the case file ever reached them.

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